Artem Gelis v. BMW of North America LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the position of the government [is] substantially justified when it [is] taken, based on precedents then standing”, even though they are later overruled
• rejecting the theory that the Secretary should have sought remand prior to a change in caselaw because the Secretary “should have known” that a precedential case was wrongly decided
• finding the Secretary’s administrative position substantially justified where the Board relied on then-current caselaw
• finding the Secretary's administrative position substantially justified where the Board relied on then-current caselaw
• Secretary’s position was substantially justified at administrative stage when Board relied on current law
• discussing Rhodan v. West, 12 Vet.App. 55 (1998)

Source: CourtListener parenthetical corpus (CC0).